What is law under which the tribals are guided?
V.V.RAMDAS
(Querist) 05 November 2009
This query is : Resolved
Dear friends,
Codified Hindu Law lays down that its provisions do not apply to the memmbers of the Scheduled tribes comming with the meaning of clause (25) of Aricle 366 of the Constitution . Therefore under which law the tribals are guided ? Please do provide recent supreme court rulings on both (for & aginst)the sides.
adv. rajeev ( rajoo )
(Expert) 06 November 2009
The religions/castes in India are all braches of Hindu religion. In my opinion hindu law is applicable to you
Adv Archana Deshmukh
(Expert) 06 November 2009
I agree with the opinion of Rajeev ji, hindu law is applicable to the members of the Scheduled castes/tribes.
Anish goyal
(Expert) 06 November 2009
They will be governed by old hindu law coupled with customs
Raj Kumar Makkad
(Expert) 06 November 2009
Local laws are applicable on the Scheduled Tribes as their customs in various matters are entirely different than rest of Hindu society such as marriage. In some tribes the marriage between real brother and sister takes place which is not permissible under Hindu Marriage Act so provisions for them are entirely different as that of HMA.
Sachin Bhatia
(Expert) 06 November 2009
In my opinion hindu law is applicable to you.
Kiran Kumar
(Expert) 06 November 2009
the Tribal Laws basically fall in the domain of state govts.
none of the provision of Hindu Laws overrides the custom unless such a custom is contrary to public policy or against constitutional provisions etc.
generally in India Tribals are governed by customary laws....even among Hindus who are governed by acts like Hindu Marriage Act, certain customary provisions have been preserved.
i ll try to find certain SC judgments on this issue to make the distinction clear.
V.V.RAMDAS
(Querist) 06 November 2009
Dear Friends,
Mr Rajeev and Archana are not fully correct, Mr goyal is partly correct. Kiran Kuamar is absolutely right. Mr. Makkd is also some how correct. It is not fully correct that all the hindu laws are applicable to tribals. For example Hindu adoption and Maintenance Act is not applicable to tibals. Because in Sec 2(2)it is clearly emobodied that it is not applicable to Tribals. Tahanks a lot to all of my friends. I would like to request Mr Kiran to make it convenient to provide the SC citation on the issue.
